Government 'to robustly defend' High Court challenge on apartment standards

Planning minister John Cummins said: 'It is unfortunate that we have opposition councillors that are party to a case, that are trying to frustrate progress in this country.' Picture: iStock

The Government has played down Labour's suggestions that it will back down from changing apartment standards.

A number of councillors and a former Irish Times journalist have challenged housing minister James Browne’s changes to apartment standards in the High Court, with papers being lodged last month.

The changes announced in July reduce the minimum size of studio apartments to 32sq m, down from the current 37sq m requirement, and will also introduce a new standard for a three-bedroom, four-person apartment of 76sq m.

When compared to the previous guidelines, the new rules are expected to bring down construction costs by between €50,000 and €100,000 per apartment.

Labour leader Ivana Bacik said that she expects a "major concession" when the case returns to the High Court on Monday. She said her party's councillor had taken the case because the new guidelines allowed "substandard building".

"These are lowering standards. Indeed, the Irish Planning Institute expressed considerable disquiet at the lowering of standards when the guidelines were introduced. We've been criticised by government members for taking part in this legal proceeding.

"I'm actually disgusted to hear the comments just earlier from a government representative, because I've seen the letter that our solicitor, Darragh Moriarty, and the applicant solicitor received from the State on Friday, saying that there would be a development in the case, a significant development. 

"I think ministers who've criticised the taking of this case should reflect on the tone of their comments."

"What people don't want is return to shoe boxes, to awful, awful bedsits. We want to see good-quality housing being delivered at scale."

'Trying to frustrate progress'

However, a government source said the Government’s position has not changed. They added that it will "continue to robustly defend" the legal challenge taken by author Frank McDonald, Labour councillor Darragh Moriarty, Green councillors Dan Boyle and David Healy,  and Independent councillor Pádraig McEvoy.

It remains the view of Government that the July 2025 planning design standards for apartment guidelines are "operational, lawful, and a critical component of improved viability", a source said.

Speaking to RTÉ's This Week programme, planning minister John Cummins said the case was "trying to frustrate progress".

"These are the apartment standards that are in place, and we will robustly defend the judicial review, because what the Government wants is to improve viability for apartment delivery right across the country.

"It is unfortunate that we have opposition councillors that are party to a case, that are trying to frustrate progress in this country."

Mr Cummins also said that "nobody is going to be forced to do anything" after a newspaper report suggested the Department of Housing would encourage those with larger family homes to subdivide their properties rather than downsize, but said that planning requirements for those subdivisions were onerous.